Overview
The Taiwanese legal community recognises the need to develop and broaden access to legal aid for the underprivileged in Taiwan. In 2004, legislative reform in Taiwan resulted in the passage of the Legal Aid Act, which sought to provide legal assistance to people who were unable to receive proper legal protection. The Legal Aid Act includes provisions on state-funded legal services such as legal aid, but not on pro bono legal services. Although the pro bono culture in Taiwan is not yet widespread, the Legal Aid Act, along with other regulations and trends, demonstrates an emerging pro bono culture in Taiwan that bodes well for the development of a positive environment for the provision of pro bono legal services.
At a glance
| Minimum pro bono hours requirement for lawyers? | Specific pro bono licence required? | May foreign lawyers practice pro bono? | Insurance required for law firm pro bono? | Insurance required for in-house counsel pro bono? | Rules to limit advertising pro bono work? | Does pro bono work count to CLE credit? | Limitations for in-house lawyers to do pro bono? |
|---|---|---|---|---|---|---|---|
| No | No | Yes | No | No | Yes | No | No |
Pro bono practice and opportunities
After acquiring a law degree at either the undergraduate or graduate level or obtaining a domestic or foreign degree recognised by the Ministry of Education plus completing the designated subjects and meeting specific credit requirements, Taiwanese citizens are qualified to take the bar exam. The bar exam is held once a year and is administered by the government branch known as the “Examination Yuan”. There is no distinction between barristers and solicitors in Taiwan.
Students who pass the bar exam may enter the Lawyers Training Institute for a one-month training program. Prospective lawyers must also accomplish a five-month apprenticeship under the supervision of a senior attorney who has practised law for more than five years. Upon completion of the training program and the apprenticeship, they may join a local bar association in Taiwan.
A lawyer with foreign qualifications may not practise law in Taiwan unless they are given permission by the Ministry of Justice under the Attorney Regulation Act and become a member of a local bar association. A foreign lawyer granted approval by the Ministry of Justice is known as a “foreign legal practitioner” and is only permitted to practise the laws of his or her home jurisdiction in Taiwan.[1]
Lastly, there is no regulatory requirement that an in-house counsel must be a lawyer, since in-house counsel do not need a legal licence. Therefore, for individuals who are already qualified lawyers in Taiwan, there is no regulatory difference between lawyers working as an outside counsel and lawyers working as an in-house counsel.
Regulatory landscape for pro bono
Article 30 of the Attorney Regulation Act requires attorneys to “fulfill and complete all duties assigned by any court or prosecutor” unless excused by good cause. In addition, Article 37 of the Attorney Regulation Act and Article 9 of the Code of Ethics (Code of Ethics) prescribed by the Taiwan Bar Association states that attorneys shall participate in legal aid, provide services to the people, or engage in other public interest activities so as to make legal services widely available. Attorneys violating Article 30 of the Attorney Regulation Act, or seriously violating the Codes of Ethics, may be subject to disciplinary action, including receiving additional courses, warning, reprimand, suspension of the right to practise law for a period not exceeding two years, or disbarment.[2]
Additionally, Taiwanese lawyers are governed by the Taiwan Bar Association as well as various local bar associations within Taiwan. Legislation and self-regulating ethics rules adopted by bar associations in Taiwan encourage attorneys to participate in legal aid work and accept pro bono assignments from courts.
Qualified lawyers are not required to obtain any additional licences in order to provide pro bono legal services in Taiwan.
Foreign lawyers are not required to obtain any additional licences in order to provide pro bono legal services in Taiwan. However, foreign lawyers who wish to represent pro bono clients in Taiwan should be aware of various limitations on their practice. Foreign lawyers must receive special approval from the Ministry of Justice and join the local bar association in order to practice in Taiwan and may not engage in courtroom representation without court approval. Such restrictions may in turn impose limitations on their ability to participate in certain forms of pro bono representation. Language barriers may also present a real challenge.
Attorneys in Taiwan are not required to perform pro bono work, nor are they required to complete a minimum number of pro bono hours.
Prospective lawyers in Taiwan are not required to complete a minimum number of hours of pro bono legal services in order to become licensed lawyers.
There are no aspirational pro bono hours targets for lawyers set by the local bar association, regulatory body, or other body.
Lawyers in Taiwan do not receive CLE credit for pro bono hours worked.
Insurance and advertising
Lawyers may acquire professional indemnity legal insurance cover for pro bono legal services they provide in Taiwan, but such insurance cover is not required by Taiwanese law.
Under the model rules on the promotion of attorney services, a Taiwanese attorney, in promoting their business, shall not make the following statements:
(1) the success rate of lawsuits;
(2) the identity of clients or consulting parties;
(3) ongoing cases under their representation; or
(4) past cases handled or participated in.
The aforementioned (2) to (4) shall not apply if the case is widely known to the public, involves no specific client, and poses no risk of harming the client’s interests, or if prior written consent is obtained from the client or consulting party. Because of the restrictions on attorney business promoting, it could be difficult to make potential clients aware of pro bono legal services offered by law firms or legal professionals.[3]
Pro bono practice and culture
The Legal Aid Act provides for the establishment of the Legal Aid Foundation (the LAF) to achieve the purposes of the Legal Aid Act. Despite the broad coverage under the Legal Aid Act, the LAF excludes certain criminal and civil matters from the scope of legal aid unless given approval from the director of the relevant LAF branch office. Some of the excluded criminal matters include representation during criminal trials, filing criminal charges in court, reviewing prosecutors’ decisions, and providing relevant trial representation. Some of the excluded civil matters include election litigation, small claims, matters concerning investment activities, and matters for retrial. These matters, which are excluded from legal aid, present opportunities for the provision of pro bono legal services in Taiwan.[4]
Law firms, NGOs, and bar associations in Taiwan are the main providers of pro bono legal services in Taiwan.
There are no prominent examples of innovative technology or artificial intelligence specifically being leveraged to enhance access to pro bono legal services or to support pro bono cases.
However, there are a few AI legal platforms emerging that provide free legal information and preliminary guidance which could assist low-income people who cannot afford legal services. For example, a Taiwan-based AI legal platform offers 24/7 preliminary legal answers and analysis for issues such as divorce, worker disputes, inheritance, rental conflicts, and compensation cases. Users input their situation, and the AI structures facts and legal directions to help them understand their legal options before consulting a lawyer. Additionally, the platform assists in matching users with lawyers for further legal help, enhancing access and navigation.[5]
EasyLaw [6] is another example of a platform offering free AI‑assisted legal information to the public across many everyday legal areas.
Sources of pro bono opportunities and key contacts
The Department of Civil Affairs of the Taipei City Government offers free legal advice through its district offices. Pro bono lawyers of the Taipei Bar Association also provide legal consulting services.[7]
Law Firm Pro Bono Programs
Many local and international law firms provide legal services to the community on a pro bono basis. The types of pro bono projects undertaken by law firms include legal services through bar associations and the LAF, serving on the boards of local non-profit organisations, contributing to law and policy reform proposals, as well as providing sponsorships and endowments to legal education programs.
Non-Governmental Organisations
Among NGOs, the Taiwan Association for Human Rights (the TAHR) is at the forefront of promoting judicial reform and legal assistance in Taiwan. The TAHR’s focus is not limited to performing pro bono legal work, and it has worked with other judicial reform associations to promote the legal aid system. The TAHR also works on exonerating several death row inmates, lobbying for the recognition of the International Bill of Human Rights in Taiwan, and hosting training camps to educate young people on human rights.
Bar Association Pro Bono Programs
Bar associations in Taiwan often take on general and specific types of pro bono representations. For example, The Taipei Bar Association holds regular office hours to provide free general legal counselling and is also committed to representing defendants facing the death penalty who cannot afford legal representation. Moreover, the Taipei Bar Association’s website contains a number of different pro bono opportunities in which Taiwanese lawyers can participate. Ranging from judicial reform, human rights protection, and labour rights to environmental protection, there is a wide selection of opportunities for lawyers who would like to perform community services.
University Legal Service Clubs, Legal Clinics, and Law Students
At several law schools in Taiwan, law students provide pro bono legal services to the public through legal service clubs. For example, legal service clubs at the National Taiwan University, the National Chengchi University, the Soochow University, the National Chung-Cheng University, the Chung Yuan Christian University, and the National Taipei University hold regular volunteer sessions. Law students provide free oral counselling to individuals with legal problems at these sessions.
Law clinics are not yet prevalent in the Taiwan legal education system and therefore are not yet a major source for pro bono representation. However, there is discussion towards developing and offering clinical education and opportunities to students in Taiwan. The National Taiwan University introduced a clinical course in 2013 that allows students to help real clients with problems involving consumer law, contract law, criminal law, family law, land use law, and other areas of law.
Office of an Elected Representative
Many elected representatives (City/County Council Members, Members of the Legislative Yuan, etc.) in Taiwan provide space in their local offices for lawyers to offer free legal services (mostly simple legal advice) on-site. Some are listed below:
- Tsar & Tsai Law Firm, Pro Bono;[8]
- Lee and Li, Attorneys-at-Law, Commitments towards Pro Bono;[9]
- Jones Day;[10]
- TAHR;[11]
- Taipei Bar Association;[12]
- NTU Legal Service;[13]
- College of Law, National Chengchi University;[14]
- School of Law, Soochow University;[15]
- Department of Law, National Chung-Cheng University, Legal Service Club;[16]
- Chung Yuan Christian University School of Law, Legal Service Club;[17] and
- National Taipei University, Publications and Legal Service Club.[18][19]
The LAF and various bar associations serve to facilitate the provision of pro bono and other community services in Taiwan. Attorneys interested in providing pro bono legal services can register with the LAF or local bar associations. These organisations provide avenues for both representing and counselling individuals in need of legal aid or representation.
Listed below is the contact information for the LAF, the Taipei Bar Association, and certain other leading organisations involved in pro bono work in Taiwan:
- Legal Aid Foundation;[20]
- Taipei Bar Association;[21]
- Taiwan Association for Human Rights;[22]
- Consumers’ Foundation, Chinese Taipei;[23]
- Taipei Women’s Rescue Foundation;[24] and
- Taipei City Government – Civil Affairs.[25]
The Taiwan Bar Association presents an annual “Outstanding Public Service Lawyer” award to recognise individual members or lawyer teams who have made exceptional contributions to social welfare. This award aims to set an example within the legal profession and encourage nationwide participation in public service initiatives by lawyers.[26]
References
- Thomas Chih-hsiung Chen, Legal Education Reform in Taiwan: Are Japan and Korea the Models? Journal of Legal Education, Volume 62, No. 1 at 37 (2012); Taiwan Bar Association, Country Report – Taiwan – For LAWASIA Annual Council Meeting 2023, available at https://www.twba.org.tw/en/countries/391ab3dc-c2d3-4632-a868-c1e51b0a4ca9 (last visited on 12 January 2025).
- Taipei Bar Association, Code of Ethics, art. 9, available at http://www.twba.org.tw/regulation/association/d236501b-4088-4303-9c4a-f4bdc5e9929; Regulation Act, arts. 30, 73, 101, available at https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=I0020006 (last visited on 12 January 2025).
- Taipei Bar Association, Attorney Business Development Rules art. 4, available at https://www.twba.org.tw/upload/content/20230106/4aafe50ac2424bdebbd80ed5372fe9a0/4aafe50ac2424bdebbd80ed5372fe9a0.pdf (last visited on 15 January 2025).
- Legal Aid Act, art. 1, available at http://law.moj.gov.tw/LawClass/LawAll.aspx?PCode=A0030157. The Foundation does not assist the following types, available at https://www.laf.org.tw/en/index.php?action=service&Sn=9 (last visited on 12 January 2025).
- https://www.lawfavor.com/?utm_source (Last viewed on 17 February 2026).
- https://easy-law.net/?utm_source (Last viewed on 17 February 2026).
- Taipei City Government, Civil Affairs, available at http://www.taipei.gov.tw/ct.asp?xItem=1269152&ctNode=36783&mp=100002 (last visited on 12 January 2025).
- See https://www.tsartsai.com.tw/charity?lang=en (last visited on 13 January 2025).
- See http://www.leeandli.com/EN/000000012.htm (last visited on 13 January 2025).
- See https://www.jonesday.com/en/locations/asia-pacific/taipei?tab=overview (last visited on 13 January 2025).
- See https://www.tahr.org.tw/about (last visited on 13 January 2025).
- See http://www.tba.org.tw (last visited on 13 January 2025).
- See https://www.law.ntu.edu.tw/index.php/eng-new (last visited on 13 January 2025).
- See https://www.law.nccu.edu.tw/ (last visited on 13 January 2025).
- See https://web-ch.scu.edu.tw/law (last visited on 13 January 2025).
- See https://deptlaw.ccu.edu.tw/p/406-1124-13468,r1866.php?Lang=zh-tw (last visited on 13 January 2025).
- See https://fel.cycu.edu.tw/%e6%b3%95%e5%be%8b%e8%ab%ae%e8%a9%a2/ (last visited on 13 January 2025).
- See https://www.ntpu.edu.tw/college/e1/about_04.php (last visited on 13 January 2025).
- Other resources, see, for example: Martinez S.A. (2016) Reinventing Clinical Legal Education: Taiwanese Adaptation of an American Model. In: Lo C., Li N., Lin T. (eds) Legal Thoughts between the East and the West in the Multilevel Legal Order. Economics, Law, and Institutions in Asia Pacific. Springer, Singapore; and Lo Bing-Cheng et. al, Starting the First Law School Clinic in Taiwan, available at https://journal.fulbright.org.tw/starting-the-first-law-school-clinic-in-taiwan-at-ntu-college-of-law/ (last visited on 13 January 2025).
- Website: http://www.laf.org.tw (last visited on 12 January 2025); Phone: +886-2-2322-5255.
- Website: http://www.tba.org.tw (last visited on 12 January 2025); Phone: +886-2-2351-5071.
- Website: http://www.tahr.org.tw (last visited on 12 January 2025); Phone: +886-2-2596-9525.
- Website: http://www.consumers.org.tw (last visited on 12 January 2025); Phone: +886-2-2700-1234.
- Website: http://www.twrf.org.tw (last visited on 12 January 2025); Phone: +886-2-2555-8595.
- Website: http://english.gov.taipei (last visited on 12 January 2025); Phone: +886-2-2720-8889.
- Regulation for the Recognition of Outstanding Public Service Lawyer by the Taiwan Bar Association, available at https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fwww.twba.org.tw%2Fupload%2Fcontent%2F20240524%2F1735e4ec381b495f95b5312371478364%2F1735e4ec381b495f95b5312371478364.docx&wdOrigin=BROWSELINK; 2024 Outstanding Public Service Lawyers Selection Announcement, available at https://www.twba.org.tw/news/b5470bdc-1094-4504-b687-fbe6d88b8970; 2024 Outstanding Public Service Lawyers Award Winners, available at https://www.twba.org.tw/news/06af236c-f744-4ab9-961b-4ccac8ba272e (last visited on 15 January 2025).
Acknowledgements
Name of Local Counsel: Tsar & Tsai Law Firm
Name of Individual(s) at Local Counsel: Matt Liu, Paul Chang
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